As health organizations back soda tax, new data shows most locals are against it

Despite additional preK seats and new community schools in neighborhoods across the city, only one section of Philadelphia has more residents in support of, rather than against, the funding mechanism behind those initiatives, according to a new report from the American Beverage Association.

The Philadelphia beverage tax (PBT) has led to the opening of a dozen community schools in neighborhoods from the Far Northeast to Wynnefield, from Cedarbrook to Lower Moyamensing. Despite that benefit, the majority of neighbors in West Philly, South Philly, North Philly, the Northeast and the Northwest oppose the tax, which imposes a 1.5 cent per ounce levy at the distributor level, the ABA's latest research – conducted by David Binder Research – shows.

The results are based on telephone interviews conducted between April 4–8 with 600 Philadelphians, a sample culled from voter registration rolls with about half reached by cell phone and the other half by landline. Quotas were set for demographics like age and race to ensure the group is representative of the city's population.

Across the entire city, 60 percent of the population is against the tax, the report said. In the Northeast, 74 percent of those surveyed said they are somewhat or strongly opposed to the tax – the highest level of opposition within any city section. At 62 percent opposed, West Philadelphia residents also overwhelmingly came out against the tax. Other areas where more residents opposed the tax than supported it are North Philly (57 percent), the Northwest (56 percent) and South Philly (54 percent).

Center City was the one exception. Half of that area's residents strongly or somewhat support the soda tax while 41 percent don't.

The lack of support from Philly locals stands in contrast to the ongoing advocacy from agencies like the American Heart Association, the American Cancer Society Action Network, the American Medical Society and the Food Trust, among others.

Those four organizations are among the 16 national and local health organizations that recently filed a friend of the court brief, explaining why they are behind the Kenney administration in its legal battle over the soda tax.

The ABA-backed lawsuit, which had been dismissed by two lower courts, aims to overturn the Philadelphia levy and is scheduled to be heard by the Pennsylvania Supreme Court in mid-May.

The plaintiffs, a group of several local soda consumers; Philadelphia restaurants including City View Pizza and John's Roast Pork; and several associations that represent different parts of the beverage industry, allege the tax violates the state Constitution because it creates double taxation at the retail level, among other arguments. But the tax is implemented at the distributor level; the higher prices some customers see at the register is a trickle down effect.

The Kenney administration tied the PBT to specific programs, rarely using the health benefits argument as a rationale for the tax. The friend of the court brief, though, notes those tangents.

Explaining that Philadelphia is the leader in large cities for heart disease, diabetes, obesity and other diseases caused by sugar-sweetened beverages, the 16 health organizations said such drinks have an "outsized role in harming public health."

"A tax on distributing a product into the city that leads to so much harm helps the city mitigate these negative externalities and provide for the public good," according to the amicus brief. "These taxes are a well-established tool of local and federal governments alike; they are just new to soda."

"If Philadelphia cannot tax products that are killing Philadelphians, and imposing vast costs on the city and its residents, then the power of every Pennsylvania city to govern for the public good will be threatened," added Doug Blanke, Public Health Law Center's executive director, in a statement.

The 26-page document also leans on the democratic process that led to City Council passing the PBT. "The voters and their elected officials recognized....that [sugar-sweetened beverages] present a truly unique harm crippling the city. And they democratically determined to exercise one of the oldest tools in American history as a response: a tax."

But the notion that locals' votes show they want the soda tax contradicts the ABA's latest research. Just a few groups besides Center City residents are more likely to support than oppose the tax, including: whites under 45 years old; those who self-identified as upper middle class or wealthy; members of a minor political party; and those who deemed their political views as progressive, not liberal, moderate nor conservative.

Along with the lawsuit, the PBT also faces a challenge within the State House. State Rep. Mark Mustio has introduced legislation, which is currently under review by the Commerce Committee, to preempt local taxation of sweetened beverages throughout Pennsylvania.